Child Support Hearing Question

[ayuke]

Hello Socrateaser,

My State is Oregon:

I have a child support hearing in two weeks.  I asked for one because I believe the amount is just too high. I will be getting less than $300 a month net if this amount is entered.

1) BM claims pays $900 for Day care when Amount was based her not working.  The kids also attend fulltime school.
2) I keep them every other weekend but BM refuses to sign a parenting plan that I put in place so I am not sure this will be considered.
3) I have another son that lives with me that was not accounted for because they said in their systems I don't take care of him.  which is not true
4) Amount is based on gross income when my net income will not even cover the amount they are trying to order.  This is bacause of Health Care costs, 401K and High Tax rate(Single) and Garnishment(Judgement order).

I need help and advises and what to present at the hearing that will help my cause.  

-Should I have the mum of the other child be present at the hearing?
-Will they consider how much I pay in child care for my other child?
-How can I force her to proof how much she is paying for child care?
-Do I need to have my lawyer present at the hearing?
-Any evidence that you think will help me?

Thanks for all your help.

[Jade]

>Hello Socrateaser,
>
>My State is Oregon:
>
>I have a child support hearing in two weeks.  I asked for one
>because I believe the amount is just too high. I will be
>getting less than $300 a month net if this amount is entered.
>
>1) BM claims pays $900 for Day care when Amount was based her
>not working.  The kids also attend fulltime school.
>2) I keep them every other weekend but BM refuses to sign a
>parenting plan that I put in place so I am not sure this will
>be considered.
>3) I have another son that lives with me that was not
>accounted for because they said in their systems I don't take
>care of him.  which is not true
>4) Amount is based on gross income when my net income will not
>even cover the amount they are trying to order.  This is
>bacause of Health Care costs, 401K and High Tax rate(Single)
>and Garnishment(Judgement order).
>
>I need help and advises and what to present at the hearing
>that will help my cause.  
>
>-Should I have the mum of the other child be present at the
>hearing?
>-Will they consider how much I pay in child care for my other
>child?
>-How can I force her to proof how much she is paying for child
>care?
>-Do I need to have my lawyer present at the hearing?
>-Any evidence that you think will help me?
>
>Thanks for all your help.

First, some states won't take subsequent children into consideration when calculating child support.  You knew you had a support obligation when you chose to have another child.  

My average monthly daycare costs for 2 children, one in school full-time, is $1,300 a month.  When both are in school full-time in Sept., my average monthly childcare costs will be $1,000 a month.  Summer costs more.  Which is why my attorney told me to determine my monthly cost by taking the whole year into consideration.  

Proof shouldn't be that hard to provide.  When my ex was making me jump through hoops regarding childcare costs, he provided the proof of the daycare costs.  I provided copies of the monthly payment coupons for the before and after care costs.  And my cousin provided proof that I paid my other cousin (her sister) during the summer.  She was paid what we would have paid the daycare center.  Which was $325 a week.  And why my average monthly cost is so high.

The mother of your other child has no say at all.  You can have her there, but the judge probably won't even let her speak as she has no legal standing.

The amount of child support that you pay should have the health insurance already factored into it.  Meaning that if the cp provides the insurance, the child support is higher to reflect that.  If the ncp pays the insurance, the child support is lower to reflect that.  401K is a voluntary deduction and is not considered in child support calculations as lowering income.  As is any other voluntary deduction.  

The likelihood of you prevailing if the child support was calculated using the state guidelines for your state are not good.  

[ocean]

Hi,
Child care- Last year, for me it is $450/month for an hour before school and aftercare. Here, it must be a licenced daycare provider. Check the school and see if they offer after-care. Most do now or they know of a local place that most kids get bussed to. In our papers, it stated only if BM was working while child was at aftercare did we have to pay for it. You could also have it that you pay the aftercare directly so you know child went on those days.

YOu having them every other weekend probably will not do anything for you because that is the "normal" parenting plan and the child support calculations already have that in there.

Other children- My state you do not get any credit UNLESS your other son is OLDER and you pay child support through the courts. IF child is younger than no credit. (but this is different in every state). Let us know where you are and we can help more. There a child support calcualtors on-line that you plug in the numbers. The other mother will not be allowed into the hearing as she is not part of this case.

Net INcome- Child support comes first and they do not care what else you have to pay (other judgements). Legally they can take up to 65% of you pay.

and yes, bring your lawyer :)
Good luck!

[ayuke]

Thanks for the advise.  I will check with the school.

I will ask for the day care to be billed directly so I pay directly, That way I am sure Child is in Daycare.

I am in the State of Oregon and I think they factor in non joint children because it is in the Calculator on the State website.

Thanks again for you help.